Attorney, incumbent battle for district court seat in Washtenaw County

Posted Oct 31, 2018

Attorney Thomas Bourque, left, and Washtenaw County District Judge J. Cedric Simpson pose in their respective offices before the Nov. 6, 2018 election. Bourque is campaigning against Simpson, the incumbent, for the only contested judge seat in Washtenaw County. (Ben Allan Smith/Jacob Hamilton)

ANN ARBOR, MI - For Judge J. Cedric Simpson, it's a blip in an otherwise successful 32-year career - one that's made him a better judge.

For his opponent, Ann Arbor-based attorney Thomas Bourque, it's a primary selling point in his candidacy for the next six-year term in Washtenaw County's 14A District Court.

But make no mistake, Simpson's nine-month suspension for interfering in his intern's drunken-driving arrest is front and center in the race for the county's sole contested judge seat, to be decided in the Nov. 6 election.

Attorney Thomas Bourque poses for a portrait in his office, Tuesday, Oct. 9, 2018 in Ann Arbor. Bourque is running for a seat at the 14A district court against incumbent J. Cedric Simpson.

The Michigan Supreme Court's ruling is noted in the first sentence on Bourque's campaign website, under the title "Washtenaw District 14A Voters: You Have a Choice for District Court Judge." It was also the catalyst for his choice to run as an "underdog" against an incumbent judge, a historically difficult endeavor, Bourque said.

Both longtime county residents, Bourque is an 37-year attorney and a partner at the law firm of Eby, Conner, Smillie and Bourque. Simpson, who previously served as a prosecutor, is nearing his 20th year as a judge after being appointed in 1999.

The seat they're gunning for serves all of Washtenaw County, less Ann Arbor and Ypsilanti Township - though district judges from across the county rotate on criminal matters. It handles misdemeanors, small claims disputes, traffic offenses, civil cases for amounts under $25,001, and felony arraignment and preliminary examinations.

Though Bourque previously applied for gubernatorial appointment, the idea to run most recently cropped up, he said, as he read the Michigan Supreme Court's ruling as it related to the 2013 incident, when Simpson showed up to the 4:30 a.m. arrest in Pittsfield Township.

Simpson "failed to prudently guard against influencing the investigation or used his judicial office in an effort to interfere with it," one justice said in the Supreme Court's majority opinion. The court also said he made misleading statements about why he and the intern exchanged 14,000 text messages in a four-month period.

Washtenaw County District Judge J. Cedric Simpson poses in his office at the Washtenaw County 14A District Court on Oct. 26, 2018. Simpson is the incumbent for the only contested judge seat in Washtenaw County.

"I agreed with the decision and so I thought that, as a judge, somebody should be better and use better judgement," Bourque said.

While recounting the ordeal in late October, Simpson still took issue with how the Michigan Judicial Tenure Commission handled the timeframe of the text messages, but, of the arrest, said he responded as a dad that morning.

Otherwise, he's accepted the Supreme Court decision, learned from it, and moved on, he said.

"I will always acknowledge my mistakes and the mistake I made - which is something that I had not done before, and I won't do again - is that I placed myself in a situation where my motivations could ever be questioned," he said.

"I think in the long run, in a very strange way, it's made me a better judge," he later added. "... I understand how people can be in a position (on the defense) and I was blessed that I had resources."

However, Simpson said a focus on "a total amount of six hours out of a 32-year career" is problematic and indicative of someone that wouldn't give him a fair shot from the start. He won't let the incident define him or the good he's done, he said.

Both Simpson and Bourque both point to a number of successes.

Simpson highlighted his work to stem homelessness and bring housing resources to court during landlord-tenant disputes - and effort he hopes to expand - as well as his focus on mental health, youth and the opioid crisis. He also noted his pride in hearing his work on the bench has saved lives.

In his response to the Michigan League of Women Voters' voter guide, Bourque noted success in representing a client against "bullying behavior" by a financially superior opponent trying to "bludgeon" his client with expenses as well as helping a disabled woman recover taken money while still keeping her government benefits.

In an October interview, he also noted his commitment through leadership positions in a number of organizations. Simpson too has a long list of affiliations, and Simpson and Bourque both have served as Washtenaw County Bar Association presidents.

Both candidates also have an interest in establishing specialty courts in the 14A District Court and restorative justice, should they win the election, they said, reiterating remarks made at a judicial forum earlier this month. At the time, they discussed issues surrounding diversity on the court - where Simpson is the only African American judge - and implicit bias. They also agreed on limiting the number of times cash bond is required and punitive actions taken in traffic cases.

In fact, the two shared a lot of the same viewpoints and answers in the forum. Their biggest differences seemingly lie in their takes on the Michigan Supreme Court ruling, their political backgrounds and support, and their experience.

Simpson was appointed by a Republican governor, but has been endorsed by the Washtenaw County Democratic Party. Bourque previously ran and lost as a Republican for Ann Arbor city council, but calls himself a "purple person," stating he'd be a Democrat in other cities.

Simpson expressed concern with his opponent's lack of experience with criminal cases - which Bourque, who handles primarily civil cases, puts at about 10 misdemeanors. While Simpson, who currently presides over 14A-4 in Saline as well as sitting at the 14A-1 court, currently handles a large civil docket, he also hears some preliminary hearings in criminal cases.

"I am concerned when somebody has not practiced extensively in district court, that they could fully understand it - that they could fully understand an individual walking into the court, who doesn't speak the King's English who is trying to explain to you that they have a problem and having someone that has the patience to sort through it," he said.

Bourque, for his part, said civil cases and criminal cases have the same evidence rules and noted he has extensive trial experience, as well as a background in appeals and mediation.

He will focus on the rule of law, common sense, the idea that the court system is for the public, not the judiciary, and respect - whether that be a defendant's time in the courtroom or otherwise, he said.

"We demand respect for judges and judges should always be respecting everybody else," he said.

Bourque is campaigning on a platform of integrity and Simpson is campaigning on a platform of proven experience.

Bourque said residents need to first and foremost vote - the judiciary doesn't typically get quite as many tallies as other roles, he said - but know that they have a say in their bench, when they typically don't. The other judges' seats are unopposed.

"I wouldn't run if I didn't think I would be able to do the job better and show better judgement," he said, noting the severity of Simpson's discipline of recent.

"If I didn't run, they would have no choice and they would not have any say as to whether or not that was appropriate for a judge that they wanted on their court and that they might have to appear in front of."

Simpson said his 20 years as a judge has always been focused on service to his community and taking on the challenges it faces. He believes the welfare of the citizens is at stake in the election.

"I care about this county," he said. "I care about the people in this county and I care about every citizen - certainly that comes before the court but if they're not before the court. You've had a judge here for 20 years that cares about you."

MLive has partnered with the nonpartisan League of Women Voters of Michigan to provide information to voters about the issues being decided in the November 2018 election. Check out the League of Women Voters Education Fund voter guide at Vote411.org to learn more about candidates and proposals on the ballot.

All responses in the voter guide were submitted directly by the candidates and have not been edited by the League of Women Voters, except for necessary cut if a reply exceeded character limitations. Spelling and grammar were not corrected. Publication of candidate statements and opinions is solely in the interest of public service and should not be considered as an endorsement. The league never supports or opposes any candidates or political parties.